BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING MARCH 31, 2023

Trends and Legislative Development

Insolvencies Increase Sharply As Normality Returns

Out-of-Court

When Business Planning Triggers the Fraudulent Transfer Law

Case Commencement

Texas Court Voids Lender’s Bankruptcy Consent Requirement

Secured Claims

In the Ditch: Remedies and Enforcement upon Default under the UCC

Executory Conracts

What If Your Software Provider Goes Bankrupt? Navigating Section 365(n) and Software Licensing Agreements

Reorganization

Subchapter V Plan Confirmation: Non-Voting & Classification (In re Creason)

Second Circuit Weighs In on Bankruptcy Code v. Chapter 11 Plan Impairment and the Solvent-Debtor Exception

Cross-Border

US Bankruptcy Court dismisses Chapter 15 case, bars foreign representative from appearing before it

Foreign Representative’s Failure to Communicate with Bankruptcy Court Warrants Closure of Chapter 15 Case

Chapter 15 Recognition Limited to Foreign Insolvency, Liquidation, or Restructuring Proceedings